Jan. 6 pipe bomb suspect ordered to remain detained until trial

(WASHINGTON) — A federal magistrate judge ordered Friday that the Virginia man charged with placing pipe bombs outside of the headquarters of the RNC and DNC the night before the Jan. 6 riot at the U.S. Capitol remain detained pending trial.

Magistrate Judge Matthew Sharbaugh said in the court filing Friday that the government’s evidence amassed thus far against Brian Cole established that there were no conditions he could place on him that would ensure the safety of the general public. 

Cole was arrested by federal authorities earlier last month following a massive probe that had stymied investigators for almost five years.

“Although home incarceration and a GPS monitor would provide some check against Mr. Cole’s ability to carry out any menacing or dangerous conduct in the community, the Court is simply not satisfied these conditions rise to the necessary level for the reasons explained,” Sharbaugh said.

“This is particularly true based on the severity of the potential danger Mr. Cole is alleged to pose, given his alleged persistent acquisition and retention of so-called ‘bombmaking parts’ and given his reported penchant and capacity to create explosive devices and deploy them in public settings,” the judge added.

Cole, who has not entered a plea, allegedly told investigators in a lengthy confession that he wasn’t targeting the joint session of Congress that was convening to certify former President Joe Biden’s election win, according to a previous court filing from the Department of Justice.

Sharbaugh’s ruling followed a detention hearing earlier this week, where he appeared to waver over whether he could put in place heavy restrictions on Cole and release him on bail under the supervision of his family. 

Assistant U.S. Attorney Charles Jones urged Sharbaugh to reject arguments made by Cole that he would pose no danger if released and remained under house arrest — noting such a setting was similar to where he had carried out his alleged planning to plant the pipe bombs in the first place.

Jones said that on the morning of his arrest, Cole allegedly wiped the memory from his phone for the 943rd time since December 2020, just days before he allegedly planted the devices. 

After Cole saw himself on the news in videos released by the FBI seeking tips on his identity, he said in the interview that he discarded all of his bomb-making materials at a nearby dump and said he never told anyone about his actions in the nearly five years since Jan. 6, according to a court filing.

Cole’s attorneys are expected to again seek his release when the case is ultimately assigned to a federal district judge, after prosecutors revealed in court that they secured a two-count indictment of Cole in D.C.’s Superior Court on Monday.

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